Sanaul Sk v. State Of West Bengal

19.12.2025.

Sl. No.57.

Ct. No. 35 SG (Allowed) C.R.M. (NDPS) 1244 of 2025 In Re:- An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Baishnabnagar Police Station Case No. 1011 of 2025 dated 22.02.2024 under Sections 21(C)/27A/29 of the NDPS Act. And In the matter of : Sanaul Sk.

... Petitioner.

Mr. Amitabha Karmakar, Mr. Arup Kumar Bhowmick, Ms. Oindrila Ghosh.

...for the petitioner.

Mr. Saibal Bapuli, Ms. Trisha Rakshit.

...for the State.

1.

Learned advocate appearing for the petitioner submits that the case was registered on the basis of the accusations that 400 gms. of brown sugar has been recovered but subsequently on chemical examiner's report it was found that contraband seized is opium. As the quantification of the opium is 400 gms., the alleged seizure would come under the category of intermediate quantity. Petitioner is in custody for 1 year 3 months. As such learned advocate prays for bail on any stringent condition.

2.

Learned advocate for the State is present in court and opposes the prayer for bail but unable to dislodge the two issues canvassed by the petitioner. Firstly, regarding the chemical examiner's report reflecting the contraband to be

opium. Secondly, the quantity of seizure in this case is of 400 gms.

3.

Having considered the rival contentions, I am inclined to release the petitioner on bail.

4.

Accordingly, the prayer for bail of the petitioner is allowed. The petitioner, namely, Sanaul Sk shall be released on bail upon furnishing a bond of Rs.20,000/- (Rupees Twenty Thousand Only) with two sureties of Rs.10,000/- each, one of whom must be local to the satisfaction of the learned Judge, Special Court under NDPS Act-cum-Additional District Judge, 4th Court, Malda. If on bail, the petitioner shall be physically present on each and every date fixed by the learned trial court and shall not leave the jurisdiction of the district of Malda, without the prior permission of the learned special court.

5.

Accordingly, CRM (NDPS) 1244 of 2025 is allowed. 6.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. 7.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Tirthankar Ghosh, J.)